Civil Servants Lead in Corruption Cases: ACC Annual Report

Civil Servants Lead in Corruption Cases: ACC Annual Report

The Anti-Corruption Commission’s (ACC) Annual Report for 2023-2024 highlights significant concerns regarding corruption in Bhutan, revealing alarming statistics and trends. According to the report, 38 new cases were opened during the reporting period, adding to the 28 cases carried over from the previous year, resulting in a total caseload of 66. The report involves 138 individuals, including government employees, corporate workers, and armed personnel.

The findings indicate that civil servants are the primary offenders in corruption-related cases, accounting for 34.8% of the total individuals implicated. Corporate employees followed with 28.9%, and armed personnel made up 11.6%. A breakdown of the cases further reveals that embezzlement and bribery, particularly within the public sector, are the most prevalent offenses.

Of the 66 cases, 45 were successfully closed, yielding a clearance rate of 68.2%. The report also notes an improvement in the average turnaround time (TAT) for case resolution, which decreased from 65.5 working days the previous year to 54.7 working days. However, accounting for repeat offenders, the number of individuals implicated rises to 143.

A closer examination of the offenses shows that embezzlement remains one of the most prevalent crimes. Public servants were responsible for the largest share of charges (345), primarily for the embezzlement of funds or securities, affecting 16 individuals. Other significant offenses include passive bribery (108 counts), abuse of function (79 counts), and active commercial bribery (76 counts). Additionally, bribery in contracts and embezzlement in the private sector remain notable concerns.

The financial toll of corruption is underscored by the total restitution demanded during the reporting period, which amounts to Nu. 87.364 million. The total value of seized assets, including vehicles, land, and cash, further emphasizes the extent of corruption within both the public and private sectors.

Throughout the year, the ACC conducted 23 search and seizure operations, resulting in the detention of 10 suspects. A total of 788 interviews were conducted, totaling over 2,362 man-hours, with an average interview time of 2.9 hours. The ACC also seized assets, including vehicles, documents, and electronic devices, totaling Nu. 2.193 million in cash.

In December 2023, the ACC launched the Rules for the Management of Property Under Provisional Measures, which streamlined the management of seized assets, including the storage and maintenance of vehicles during investigations.

The legal outcomes of the investigations were notable. A total of 22 cases were forwarded for prosecution, with 32 additional cases under review by the Office of the Attorney General (OAG). Of the ongoing cases, 27 are being tried in various courts. The report highlights a striking conviction rate of 93.6% for the cases tried in courts, excluding deferred judgments. Most convictions involved bribery-related offenses and loan fraud schemes. The Phajo Nidup case stands out, resulting in 87 convictions and six acquittals.

Among the most significant financial cases under investigation is the fraudulent operation of the Eastern Bhutan Coal Company, which involved a restitution amount of Nu. 1,441.828 million. However, the Supreme Court later acquitted the accused, reflecting the complex nature of high-profile corruption cases.

Since its establishment in 2005, the ACC has received a cumulative government budget of Nu. 1,961.598 million, including salaries and allowances, to carry out its mandate. Despite limited resources, the ACC has worked tirelessly to reduce the backlog of corruption cases. By the end of the reporting period, the number of pending corruption cases had been reduced to 43, reflecting significant progress in addressing the increasing caseload and ensuring accountability.

With the establishment of the Property and Judgment Enforcement Division at the OAG, there is optimism that the enforcement of restitutions and judgments will become more robust in the coming years. The ACC remains focused on reducing the corruption backlog and enhancing the efficiency of investigations, signaling a steadfast commitment to combating corruption at all levels of society.

The findings from the ACC’s Annual Report 2023-2024 highlight the persistent challenges Bhutan faces in addressing corruption, particularly in the public sector. However, with stronger enforcement measures and ongoing investigations, there is hope that the country can reduce the prevalence of corruption and restore public trust in its institutions.

Sangay Rabten from Thimphu